Donn Alexander focuses his practice in the area of health care litigation, with a particular emphasis on hospital defense, medical malpractice, drug and medical device litigation, and defense of long-term care facilities. He represents local and national health care clients, including general and specialty hospitals, physicians, Fortune 500 drug and medical device companies, long-term care facilities, home health agencies, laboratories, pharmacies, outpatient surgery centers and ancillary service providers. Donn has successfully tried numerous cases to verdict in state and federal court, and represented clients in arbitration, mediation and administrative proceedings. He is dedicated to providing his clients with creative, efficient solutions for their complex matters.
- Obtained Unanimous Defense Verdict in 5-day Jury Trial Involving Alleged Negligence of an Orthopaedic Surgeon
- Obtained Defense Verdict in 6-day Jury Trial Involving Home Healthcare Provider
- Obtained Defense Verdict in 5-week $20 Million Jury Trial Involving a Pediatric Critical Care Specialist
Professional Associations & Memberships
- Arizona Association of Defense Counsel
- State Bar of Arizona
- State Bar of Nevada
Professional Recognition & Awards
- Peer-Review Rating of 5.0 out of 5.0 by Martindale Hubbell
- Best Lawyers in America®, Medical Malpractice Law – Defendants, 2020-2022
- Southwest Super Lawyers, Super Lawyers, 2013-2019
- Top Attorneys in Arizona, Phoenix Magazine, 2013
- Nominated for “Attorney of the Year,” Medmarc Insurance Group, 2010
Presentations & Publications
Donn frequently presents on health care law issues at local, regional and national seminars and conventions. He is also actively involved in the Arizona community.
University of Arizona James E. Rogers College of Law, J.D., 1998
Arizona Law Review, Executive Note Editor, 1996-1998
University of Arizona, B.S., 1993
U.S. District Court, District of Arizona
U.S. Court of Appeals, Ninth Circuit
Mr. Barnes is a founding partner of the firm Goodell DeVries and a graduate of the Georgetown University Law Center. He represents clients in complex tort, commercial, and product liability litigation. During his career, he has represented a variety of clients in disputes involving pharmaceuticals, medical devices, patents, trademarks and the Lanham Act, antitrust, breach of contract, unfair trade practices, aviation, commercial torts, covenants not to compete, and state procurement laws. He has defended companies in federal and state court class actions in Maryland, West Virginia, Alabama, Ohio, Pennsylvania and California.
In 2015 he and his colleagues defeated a multi-million dollar claim for patent royalties based on various endodontic patents and inventions. His client was also relieved of its obligation to pay future royalties on several of the disputed patents and inventions. In December of 2013, Mr. Barnes and his colleague Ms. Woolf successfully defended Dentsply International in a three-week California UCL class action trial in San Francisco Superior Court. In 2013, he also successfully litigated a complex state procurement dispute before the Maryland Board of Contract Appeals on behalf of an institutional pharmacy. Mr. Barnes has also tried to verdict complicated multi-plaintiff product liability, pharmaceutical and medical device cases. He has briefed or argued cases before the United States Supreme Court and various state and federal appellate courts. He is currently serving as national counsel in two pharmaceutical litigations involving over-the-counter medications.
Mr. Barnes is a member of the Maryland and the District of Columbia bars, and is admitted to practice before the United States District Court for the District of Maryland, the United States District Court for the District of Columbia, the United States Supreme Court, and the United States Court of Appeals for the Fourth, Sixth, Ninth and Eleventh Circuits.
Professional and Civic Associations:
- The Defense Research Institute
- American Bar Association
- Law Business Research: An International Who's Who of Product Liability Defense Lawyers
- Maryland Defense Counsel, Inc.
- Bar Association of Baltimore City
- District of Columbia Bar Association
Selected Cases and Decisions:
United States Supreme Court case
- Morrison-Knudsen Constr. Co. v. U.S. Dep’t of Labor, 461 U.S. 624 (1983)
Federal Appellate Court cases
- Quillin v. C.B. Fleet Holding Co. (4th Cir. May 14, 2009)
- Zinser v. Accufix Research Inst., Inc., 253 F.3d 1180 (9th Cir. 2001); 273 F.3d 1266 (9th Cir. 2001)
- In re Telectronics Pacing Systems, Inc., 221 F.3d 870 (6th Cir. 2000); 148 F. Supp. 2d 936 (S.D. Ohio 2001); 137 F. Supp. 2d 985 (S.D. Ohio 2001); 137 F. Supp. 2d 1029 (S.D. Ohio 2001); 186 F.R.D. 459 (S.D. Ohio 1999); 172 F.R.D. 271 (S.D. Ohio 1997)
- Bullard v. Dalkon Shield Claimants Trust, 74 F.3d 531 (4th Cir. 1996); 845 F. Supp. 328 (D. Md. 1994)
- Hagepanos v. Shiley, Inc., 846 F.2d 71 (4th Cir. 1988)
- Bonstingl v. Maryland Bank, N.A., 841 F.2d 1122 (4th Cir. 1988); 662 F. Supp. 882 (D. Md. 1987)
- Kontoulas v. A.H. Robins Co., Inc., 745 F.2d 312 (4th Cir. 1984)
Federal District Court cases
- Moore v. Wyeth-Ayerst Laboratories, 236 F. Supp. 2d 509 (D. Md. 2002)
- Chertkov v. TPLC, Inc., 916 F. Supp. 608 (N.D. Tex. 1996)
- Pfizer Inc v. FDA, 753 F. Supp. 171 (D.Md. 1990)
- Pottratz v. Davis, 588 F. Supp. 949 (D.Md. 1984)
State Appellate Court cases
- In re: West Virginia Rezulin Litig., 585 S.E.2d 52 (W. Va. 2003)
- Sterry v. Bethlehem Steel Corp., 494 A.2d 748 (Md. App. 1985)
- Furr v. Spring Grove State Hosp., 454 A.2d 414 (Md. App. 1983)
Honors and Awards:
- Best Lawyers in America, Mass Tort Litigation / Class Actions - Defendants and Product Liability Litigation - Defendants (2011 - Present)
- Maryland Super Lawyer, Class Action/Mass Torts, Personal Injury Defense: Products, Business Litigation (2007 - Present)
- International Who’s Who of Product Liability Defense Lawyers, 2011 (nominated for 2012)
- Co-author of book chapter “Impact of Insurance Policies on Product Litigation” in Current Law, Strategies and Best Practices in Product Litigation (Pract. Law Inst. 2009).
- Western Maryland College (B.A., magna cum laude, 1977) Honors: Omicron Delta Kappa, Pi Gamma Mu
- Georgetown University Law Center (J.D., cum laude, 1981) Editor, American Criminal Law Review
- District of Columbia
- United States District Court for the District of Columbia
- United States District Court for the District of Maryland
- United States Court of Appeals for the Fourth Circuit
- United States Court of Appeals for the Sixth Circuit
- United States Court of Appeals for the Ninth Circuit
- United States Court of Appeals for the Eleventh Circuit
- United States Supreme Court
Chuck Bavol received his Bachelor of Business Administration degree, with distinction, from the University of Michigan in 1976 and Juris Doctor degree, cum laude, from Wayne State University in 1979. He was a litigation partner in the Detroit, Michigan, law firm of Clark, Klein & Beaumont until 1989 when he moved to Florida and joined the international firm Holland & Knight as a litigation partner in its Tampa office. In 1992, he formed Bavol & Associates, P.A., a predecessor firm to Bavol Judge, P.A, and continued in various iterations of that practice until joining firms with Robert Bleakley in March of 2011.
Chuck has extensive national jury trial experience defending major corporations in both personal injury and commercial related fields. He is rated "AV" by the Martindale-Hubbell Law Directory. In the medical area, Chuck has successfully defended lawsuits, both individual and class action, involving a variety of implants, medical devices and pharmaceuticals. A significant portion of Chuck's trial practice has been in defense of medical malpractice claims against doctors and hospitals. In the commercial area, Chuck has handled cases involving UCC sales, insurance contracts, trademark counterfeiting, environmental pollution, construction, fraud proceedings, employment disputes, as well as private and public contract issues.
In the construction litigation area, Chuck has handled the gamut of construction related cases from defending general contractors in litigation involving public projects, wastewater treatment plants, and the like, to defending luxury home builders involved in construction defect/mold claims involving oceanfront property. Chuck also serves as Florida Trial Counsel for Masco Corporation and its subsidiaries in all manner of construction related litigation matters.
Chuck also serves as Florida Trial Counsel to manufacturers supplying parts and products to the automobile industry, including Robert Bosch Corporation and Bendix in air bag and seat belt automotive product liability litigation. Chuck also serves as Florida Trial Counsel for Robert Bosch Corporation's power hand tool division.
Chuck is product liability defense counsel for a number of manufacturers specializing in medical devices, and has been honored to have held a position since 1989 as panel counsel for Medmarc Insurance Group, the largest insurer of medical device manufacturers in the U.S. In 2006, Chuck was named Medmarc's Attorney of the Year in recognition of superior legal representation of Medmarc member companies as evaluated by Medmarc's management, claim staff, and clients.
Chuck was appointed to the 2010 faculty of the esteemed Trial Academy of the International Association of Defense Counsel (IADC), the preeminent trial advocacy training program for defense lawyers seeking to improve trial skills and techniques. The Trial Academy provides a week of faculty demonstrations by lawyers recognized as the best civil defense litigators in the country. Chuck was honored to serve on the IADC Trial Academy faculty for 2010.
Chuck is a member of The Florida Bar, State Bar of Michigan, U.S. District Courts for the Eastern and Western Districts of Michigan, the U.S. District Courts for the Northern, Middle and Southern Districts of Florida, and the U.S. Court of Appeals, Sixth and Eleventh Circuits. He is also a member of the Defense Research Institute, and the International Association of Defense Counsel. Chuck serves as Past President and Emeritus Director of the Florida Easter Seal Society, and also served on the Executive Committee of the Tampa Downtown Partnership.
On a personal note, Chuck and his wife Georgia enjoy being grandparents to their six grandchildren and their summer home in northern Michigan. An avid golfer, Chuck is a member of Tampa Palms Golf and Country Club, Crystal Mountain (Michigan), and Old Head Golf Links in Kinsale, Ireland. Chuck also serves as co-chairman of the Great Lakes Golf Academy, a charitable organization seeking to provide talented young golfers access to professional instruction and necessary exposure in order to receive college opportunities and scholarships.
- Drug and Medical Device Products Liability
- Automotive Products Liability
- General Products Liability
- Professional Malpractice Defense
- Commercial Litigation
- Construction Litigation
Geoffrey Coan is a litigator who focuses his practice in products liability, drug and medical device and complex litigation. A significant portion of his practice involves serving as national coordinating counsel to medical device and pharmaceutical companies.
Mr. Coan joined Hinshaw & Culbertson LLP in May 2010. Previously he was a partner in the Boston office of Wilson Elser Moskowitz Edelman & Dicker LLP.
He began his legal career in 1992 in the United States Navy, Judge Advocate General’s Corp. He left active duty in 1999. He continues to serve in the Navy Reserves.
- Product Liability Committee of the Council on Litigation Management,
- Co-Chairs of the Pharmaceutical
- Medical Device Subcommittee
- Defense Research Institute, Member
- New Hampshire Bar Association, Member
- JAGC Reserve Officer Association, Member
Honors & Awards:
- AV® Preeminent Peer Review Rating from Martindale-Hubbell, its highest rating for ethics and legal ability
- MEDMARC Attorney Honor Roll, 2011, 2010, 2009, 2007 and 2006
- MEDMARC Attorney of the Year, 2008 and 2012
- Recognized as a "Rising Star" by New England Super Lawyers magazine (2005)
- Biggest Defense Wins of 2004, Massachusetts Lawyers Weekly, June, 2005
- Navy Achievement Medal, representation of 10 midshipmen during the cheating scandal at the United States Naval Academy, 1994
- Thomas M. Debevoise Moot Court Competition Winner, 1990
- Moot Court Advisory Board, 1990–1991
- Outstanding Student in the Insurance Department, University of Hartford, 1988
Mr. Coan's publications include:
- “Seven Best Practice,” co-author, Litigation Management, Fall 2011.
- “The Equestrian Helmet Standard in the United States,” published in the Sports Law Journal, Fall 2001.
- Consumer and Class Action Litigation
- Product Liability
- Toxic Torts
- D., cum laude, Vermont Law School, 1991
- S.B.A., Insurance and Finance, University of Hartford, 1988
- New Hampshire
- S. Supreme Court
- S. Court of Appeals for the Federal Circuit
- S. Court of Appeals for the Fourth Circuit
- S. Court of Appeals for the Seventh Circuit
- S. Court of Federal Claims
- S. District Court for the District of Massachusetts
- S. District Court for the District of New Hampshire
Lori G. Cohen has a national litigation practice focusing on product liability litigation and specifically, medical device and pharmaceutical litigation. Lori is National Counsel for a medical device manufacturer, handling its litigation including class actions, multidistrict litigation, and trials nationally. She has served as both National Counsel and Regional Counsel for pharmaceutical and medical device companies and has expertise in mass tort, multidistrict and class action litigation. She also has vast experience in other products liability litigation and jury trials of all kinds. She has defended numerous health care providers, including physicians, hospitals and managed care entities nationwide.
Lori has obtained 56 defense verdicts at trial. During recent years, she obtained defense verdicts as a result of a two-month trial with $30 million in alleged damages involving a laser-resistant endotracheal tube against a medical device manufacturer; a three-month trial with $78 million in alleged damages against the world's leading manufacturer of pacemakers; a four-week trial with $20 million in alleged damages involving an implantable neurostimulation device; a four-week trial with $18 million in alleged damages involving three consolidated cases against the manufacturer of a continuous local anesthesia infusion drug pump; a three-week medical malpractice trial in which she represented OB/GYN clients; and a three-week medical malpractice trial for a hospital involving allegations of an overdose on a patient controlled analgesia (PCA) pump.
Lori has been profiled in Law360’s 2012 "Top Female Trial Attorneys," the Financial Times and The National Law Journal’s "Winning - Successful Strategies From Some of the Nation’s Top Litigators," a special report recognizing ten attorneys from across the U.S. She has been recognized by The National Law Journal as one of "The 50 Most Influential Women Lawyers in America." The National Law Journal has recognized two of her defense trial victories as "Top Defense Wins" in recent years, and she has been featured in The National Law Journal’s "Top 40 Under 40," which highlights the 40 most successful litigators under the age of 40 in the country. She is listed in The Best Lawyers in America, The Legal 500 United States, The Legal 500 "Leading Trial Lawyers," Chambers USA Guide, Outstanding Lawyers in America, The International Who's Who of Business Lawyers, The International Who's Who of Life Science Lawyers, The International Who's Who of Products Liability Defense Lawyers, Georgia Trend's "Legal Elite" and Georgia Super Lawyers magazine, including "Top 10 Georgia Super Lawyers" (2013-2015), "Top 100 Georgia Super Lawyers" (2005-2015) and "Top 50 Female Georgia Super Lawyers" (2005-2015), and she is shortlisted in Euromoney Media Group’s Americas Women in Business Awards as one of the "Best in Life Sciences." Lori was one of a very small group of attorneys selected nationally for inclusion in the 2010-2015 editions of Chambers and Partners USA Guide's National Pharmaceutical Industry Products Liability Table.
Lori is highlighted for having a reputation for "using creative approaches to explain to lay jurors complex evidence." In addition to her vast trial experience, she has significant Daubert and scientific expertise with a number of her victories captured in published opinions. She has worked extensively on and lectured nationally regarding the use of technology in courtroom presentations of complex medical, scientific and other catastrophic injury cases.
Areas of Concentration:
- Jury trials
- Products liability and toxic tort litigation
- Pharmaceutical and medical device litigation
- Mass torts and multidistrict litigation
- Class actions
- Medical malpractice litigation
- Automotive products liability
Professional & Community Involvement:
- Chair, DRI Drug and Medical Device Annual Meeting, 2014
- Member, American Bar Association, Litigation Section, Products Liability Committee
- Co-Chair, Class Action Committee, Pharmaceutical and Health Law Subcommittee, 2008-2010
- Editor for three national publications, Medical Malpractice Law & Strategy, Product Liability Law & Strategy and Pharmaceutical and Medical Device Law Bulletin
- Board Member, Georgia Super Lawyers, Advisory Board, 2012
- Member, Claims and Litigation Management Alliance
- Member, Litigation Counsel of America
- Member, International Association of Defense Counsel
- Former Vice Chair, Products Liability Committee
- Member, Product Liability Advisory Council
- Member, Defense Research Institute
- Chair, Drug and Device Annual Meeting, 2014
- Member, Drug and Device Steering Committee
- Member, Industry-Wide Liability Committee
- Member, Medical Liability Committee
- Member, Products Liability Committee
- Member, Atlanta Bar Association
- Participant and Lecturer, Food & Drug Law Institute (FDLI)
- Instructor, National Institute for Trial Advocacy (NITA)
- Instructor, Emory University, Trial Techniques Program
- Faculty Member, IADC's elite Trial Academy, 2000
Awards & Recognition:
- Listed, The Best Lawyers in America, Mass Tort Litigation / Class Actions - Defendants; Medical Malpractice Law - Defendants; Personal Injury Litigation - Defendants, Product Liability Litigation - Defendants, 2005-2015 Listed, "Lawyer of the Year," Medical Device and Pharmaceutical Litigation, Atlanta, 2014
- Listed, "Lawyer of the Year," Medical Malpractice Law, Atlanta, 2012
- Listed, Super Lawyers magazine, Georgia Super Lawyers, 2003-2015 Listed, "Top 50 Female Lawyers in Georgia," 2007-2015
- Listed, "Top 100 Lawyers in Georgia," 2007-2015
- Listed, "Top 10 Lawyers in Georgia," 2013-2015
- Listed, Chambers USA Guide, National - Products Liability & Mass Torts Law, 2007-2015 "Spotlight Table," Nationwide, Products Liability: Pharmaceutical, 2010-2015
- Georgia, Litigation: General Commercial, 2009-2014
- Nationwide, Products Liability & Mass Torts, 2007-2014
- Listed, Lawdragon 500, "Leading Lawyers in America," 2013-2015
- Listed, The Legal 500 United States, Litigation - Products Liability and Mass Tort Defense - Pharmaceuticals and Medical Devices, 2010-2015 Listed, "Leading Lawyers," 2012-2015
- Listed, Law360, "Trial Aces," 2015
- Listed, Benchmark Litigation, "Top 250 Women in Litigation - Georgia," 2015
- Listed, Euromoney's Expert Guides: Women in Business Law, "Guide to the World's Leading Women in Business Law," 2014
- Short-Listed, "Best in Life Sciences," American Women in Business Law Awards, IFLR/Euromoney, 2014
- Listed, LMG Life Sciences, "Life Science Star," 2012-2014
- Listed, The International Who's Who of Life Sciences Lawyers, 2008-2014
- Listed, The International Who's Who of Product Liability Defense Lawyers, 2003-2014
- Team Member, Fulton County Daily Report’s "Georgia Litigation Department of the Year," Products Liability & Mass Torts, 2013
- Shortlisted, Euromoney Legal Media Group’s Americas Women in Business Law Awards, "Best in Life Sciences," 2013
- Listed, Georgia Trend magazine "Legal Elite," 2008-2013
- Listed, Expert Guides, "Guide to the World's Leading Women in Business Law," Euromoney Institutional Investor, 2012
- Selected, a Law360 "Top Female Trial Attorney," May 2012
- Recipient, The AmLaw Litigation Daily, "Litigator of the Week," March 8, 2012
- Team Member, a Law360 "Product Liability Practice Group of the Year," 2011
- Featured, The National Law Journal, "Winning - Successful Strategies from Some of the Nation's Top Litigators," a special report recognizing ten attorneys across the nation, 2008
- Listed, Guide to the World's Leading Product Liability Lawyers, 2007-2008
- Listed, Who's Who Legal: Product Liability, Georgia, 2007
- Listed, Who's Who Legal: The International Who's Who of Business Lawyers, 2007
- Selected, The National Law Journal, "50 Most Influential Women Lawyers in America," 2007
- Listed, The Outstanding Lawyers of America, 2003-2007
- Listed, The National Law Journal, "Top 40 Under 40," 2003
- Recognized, The National Law Journal, "Top Defense Wins," for two defense trial victories, 1999-2000
- Rated, AV Preeminent® 5.0 out of 5
- Pharmaceutical, Medical Device & Health Care Litigation
- Products Liability
- Class Actions
- Life Sciences & Medical Technology
- Health & FDA Business
- J.D., with distinction, Emory University School of Law, 1990
- B.A., cum laude, Duke University, 1987
Admitted to Practice:
- Supreme Court of the United States
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the Middle Districtof Georgia
- U.S. District Court for the Northern District of Georgia
- U.S. District Court for the Eastern District of Pennsylvania
- Spanish, Conversational
- Obtained a complete defense verdict following a four-week trial in October 2010 in a case involving the consolidation of three products liability cases pleading strict liability and negligence related to a continuous infusion pain pump manufactured by our client. Plaintiffs sought approximately $18 million in compensatory damages and punitive damages.
- Obtained a defense verdict as a result of a three-week trial in a multimillion-dollar action brought by the husband and estate of the patient who had suffered severe brain damage as a result of a sudden respiratory arrest following orthopedic surgery. Plaintiff claimed that the patient’s respiratory arrest was caused by the negligence of the nurse and the orthopedic surgeon in allegedly overmedicating the patient and failing to monitor the patient appropriately while the patient was on a morphine Patient Controlled Analgesia (PCA) pump.
- Obtained a defense verdict as a result of a three-month, $78 million trial against the world’s leading manufacturer of implantable defibrillators. The action was filed as a result of severe neurological injuries sustained by a 14-year-old girl that were allegedly caused by a company sales representative’s statements to a physician. The case involved novel legal issues related to sales representative liability in the context of learned intermediary and failure to warn claims.
- Obtained a defense verdict as a result of a three-week trial, representing OB/GYN clients in a medical malpractice action. The action involved the birth of a brain damaged baby who was determined to have suffered an infection, transmitted from the mother, that left the child suffering from cerebral palsy.
Additional Significant Representations
- National counsel for worldwide medical device manufacturer related to a variety of medical devices, including defibrillators, pacemakers, infusion pumps, insulin pumps, neurological stimulation products and orthopedic implants.
- National counsel for global manufacturer of orthopedic medical devices in various products liability cases involving spinal implant devices.
- National and local counsel in products liability action involving a prescription antibiotic that allegedly resulted in Toxic Epidermal Necrolysis, Stevens-Johnson Syndrome and associated complications.
- National trial counsel for medical device manufacturer defending products liability claims across the country related to continuous infusion pain pump medical devices.
- National counsel for a medical device manufacturer defending products liability claims across the country related to the company’s medical devices, including endometrial ablation systems and bone densitometers.
- National counsel for a medical device manufacturer handling product liability claims in jurisdictions throughout the country related to medical products, including endovascular stents, surgical mesh devices and sutures.
- National counsel for a pharmaceutical company in more than 25 cases nationwide involving alleged Stevens-Johnson Syndrome or Toxic Epidermal Necrolysis injuries associated with a prescription anti-convulsant medication.
- Preferred provider for two Fortune 500 pharmaceutical companies.
- National counsel for a Fortune 100 multinational pharmaceutical company in products liability, regulatory, and government investigations matters related to a major prescription pharmaceutical product. This representation includes selection as trial counsel in multiple existing products liability actions involving this product and advising on regulatory and pre-litigation matters regarding the products.
P.J. represents medical device and pharmaceutical manufacturers in pattern litigation or mass torts (particularly “multidistrict litigation”), and in “one-off” product liability suits, serving as national coordinating and trial counsel in both large, complex matters, and individual cases. He has defended toxic and environmental exposure suits, and also defends individuals and companies in alleged class actions and complex business litigation, particularly with regard to claims of fiduciary breaches, consumer fraud, deceptive practices, and professional negligence.
P.J. has been a key member of trial teams in high-profile litigation, and actively manages
all stages of pretrial proceedings. He has significant experience defending and examining corporate and expert witnesses in various fields, including industry specific standards of care, regulatory affairs, medical causation, surgical technique, materials science, toxicology, internal medicine, and economic losses. This experience extends beyond the deposition stage, where he designs and implements strategies to exclude (or limit) expert testimony through motions practice or evidentiary hearings pursuant to Daubert, Kemp, Havner/Robinson, and similar admissibility standards. P.J. has briefed and argued dispositive motions and appeals in state and federal trial and appellate courts throughout the country. In addition, he has conducted arbitrations and mediations dealing with a host of disputes.
P.J. is active in local and state bar associations, and frequently presents publicly and privately on product liability issues, recently covering such issues as the Biomaterials Access Assurance Act, supply chain liability, and other matters pertinent to defense of medical device and pharmaceutical firms (such as federal preemption). In March 2013, he spoke at HarrisMartin’s Mass Tort Litigation Conference on the topic of recent changes to the Federal Rules of Civil Procedure concerning disclosure requirements for non-retained treating physicians. He is currently participating in the The Sedona Conference® Working Group on Mass Torts and Punitive Damages. To further his understanding of the issues facing his clients in the life sciences industry, P.J. has been a member of the Regulatory Affairs Professional Society since 2011, and he is active in BioOhio, a non-profit intended to build and accelerate the bioscience industry. P.J. was recently selected by his peers for inclusion in Best Lawyers in America® in the Product Liability Litigation field and has been recognized as an Ohio Super Lawyers Rising Star.
- Defense of medical device (Class I-III, 510(k) and PMA) and pharmaceutical manufacturers (ANDA, NDA, and OTCs) in all phases of product liability litigation, including multidistrict litigation and state-coordinated proceedings.
- Defense of manufacturers and distributors in catastrophic and high severity claims, including natural gas pipeline explosions, substantial fire losses, and benzene exposure cases.
- Defense of miscellaneous professionals from a wide variety of claims, including third party administrators, accountants, graphic designers, third party debt collectors, title agents, realtors, attorneys, property preservation vendors, public adjusters, and financial services and other professional consultants.
- Extensive experience in commercial litigation, including D&O litigation, employment disputes, and other complex contractual disputes.
- Former Law Clerk to the Honorable Marina Corodemus, J.S.C., Law Division - Mass Tort and Environmental Section, New Jersey Superior Court, 1999-2000 Term.
- Former Law Clerk for Office of Regional Counsel, U.S. EPA, Region 3, Philadelphia.
- “Strategies for Responding to Multi-Plaintiff Pattern Cases, ‘Mini-Mass Torts,’ and ‘Mass Actions,’” Medmarc Medical Device Seminar (June 2015)
- “Life Sciences Product Recalls: Legal and Regulatory Implications,” Medmarc Webinar Series (August 2014)
- “Cyber Security Risks for Medical Device Manufacturers Preparing for Possible FDA Regulations and the Changing Threat Landscape,” The Oswald Companies Focus Forward Webinar Series (July 2014)
- “Hot Topics Update: the Biomaterials Access Assurance Act and Federal Preemption,” Medmarc Medical Device Seminar (June 2013)
- “Problematic Federal Issues: FRCP 26(a)(2)(C) Requiring Additional Disclosures for Unretained Testifying Experts,” Harris Martin’s Mass Tort Litigation Conference (March 2013)
- “Quality Agreements Deep Dive Session,” Moderator, Xavier University Global Outsourcing Conference (September 2012)
- “Practical Risk Management and Case Studies of Litigation,” Xavier University Global Outsourcing Conference (October 2011)
- "Litigation 103: Discovery Practice," Counsel on Litigation Management, Celina Insurance Group (October 2009)
- "BioOhio Workshop: Emerging Issues for Emerging Companies," BioOhio (July 2008)
- "Shhh, That's More Than I Needed to Know: Attorney Contacts with Treating Physicians," Young Lawyers' Breakout, Defense Research Institute Products Liability Seminar (February 2005)
- "Tort Reform: Ohio, Massachusetts, and Rhode Island 2001-2004," DRI Annual Meeting (October 2004)
- "A Legislative Response to Shotgun Litigation," For The Defense (February 2014)
- "Tips from the Trenches: How to Avoid Getting Stuck with the Expert's Bill," News from the DRI Young Lawyers' Committee, January 2005, Vol. 2, Issue 1
- American Bar Association
- Ohio State Bar Association
- New Jersey Bar Association
- Defense Research Institute
- International Association of Defense Counsel
- Ohio Association of Civil Trial Attorneys
- The Sedona Conference – Working Group on Mass Tort Punitive Damages
- Counsel on Litigation Management (Member)
- Regulatory Affairs Professional Society (Member)
Honors & Distinctions:
- Defense Attorney of the Year, Medmarc Insurance Group (2015)
- Named to Best Lawyers in America®, Product Liability Litigation – Defendants (2015)
- Named to the Ohio Super Lawyers Rising Starslist (2007, 2009-2013)
- Cincinnati Academy of Leadership for Lawyers, CALL Class XIV (2009 - 2010)
- Best Oralist – First Preliminary Round, 1999 National Environmental Law Moot Court Competition
- Certified by the State of New Jersey Judiciary as a Small Claims Mediator
- State of New Jersey
- Commonwealth of Pennsylvania
- State of Ohio
- S. Supreme Court
- S. Court of Appeals, First Circuit
- S. Court of Appeals, Third Circuit
- S. Court of Appeals, Sixth Circuit
- S. District Court, New Jersey
- S. District Court, Eastern District of Pennsylvania
- S. District Court, Northern District of Ohio
- S. District Court, Southern District of Ohio
- Numerous others on a Pro hac vice basis
- Pharmaceutical, Medical Device & Mass Tort Litigation
- Complex Business Litigation
- Product Liability
- Class Actions
- The Ohio State University (B.A., 1995)
- Rutgers School of Law (J.D., 1999)
- Temple University Beasley School of Law (LL.M., Trial Advocacy, 2003)
Judi Abbott Curry is a partner of Harris Beach PLLC in the firm’s New York City office and serves as co-leader of the Medical and Life Sciences Industry Team. She represents manufacturers, distributors, contract manufacturing organizations (CMO), retailers, chemical, component and raw ingredient suppliers and company or independent sales representatives in the life science industry. Judi concentrates in areas of mass tort and complex product liability litigation involving pharmaceuticals, medical devices, implants, compounded medicines, biologics, over-the-counter drugs, solvents and other chemicals, mold, pesticides, cosmetics, food, commercial and consumer household goods. She is recognized in New York Super Lawyers in the category of class action/mass torts.
Judi has a broad range of experience in representing the industry throughout a product’s life cycle, from clinical trials, pre market and launch risk assessment and batch manufacturing, through product liability matters involving labeling, packaging and distribution, including black box warnings, off-label use and state of the art label changes, post-recall events and commercial disputes where manufacturing, packaging or servicing results in financial loss, including expenses associated with a recall.
Judi has particular experience in the defense of pharmaceutical and medical device products impacting women’s health, including oral, patch and implantable contraceptives, breast implants, prenatal nutritional supplements and medical foods, hair dyes and bleaches, cosmetics, hand-held laser hair removal devices and other products. Judi is a member of the litigation team currently serving as national coordinating counsel for New England Compounding Pharmacy in the compounding pharmacy fungal contamination mass tort and the national counsel team for several medical device companies involved in mass tort litigation arising out of the use of a pain pump to deliver medication to the shoulder following arthroscopic surgery. She was national coordinating counsel to four chemical suppliers in semi-conductor manufacturing chemical exposure litigation and served as regional counsel for Dow Corning in the silicone breast implant litigation responsible for managing the personal injury claims of over 1,000 plaintiffs and coordinating counsel for injectable silicone litigation pending nationwide. In her representation of leading hair dye and cosmetics manufacturers, Judi has successfully defended flagship products against claims of multiple chemical sensitivities (MCS), cancer, respiratory and musculoskeletal diseases.
Additionally, Judi defends over-the-counter and prescription drug, medical device, biologic and implant products. She provides counseling advice to pharmaceutical, device and cosmetic companies concerning pre-litigation risk assessments; recalls and market withdrawals of FDA regulated products; company submissions to FDA including package inserts, patient package inserts, and other labeling, warnings and NDA filings; product brochures; direct-to-consumer advertising; website content; press materials and media kits; sales and training materials and programs; pharmacovigilance and the development and use of Risk Minimization Action Plans and Risk Evaluation and Mitigation Strategies.
Judi defends claims of birth defects, autoimmune disease, fibromyalgia, orthopedic and neurologic injuries, learning disabilities, cancer, severe burns and disfigurement, and multiple chemical sensitivities using epidemiology and expert disciplines of dysmorphology, teratology, toxicology, industrial hygiene, oncology, rheumatology, neurology and others. She utilizes cutting-edge litigation management technologies such as proprietary databases, document processing, imaging and predictive coding software to manage complex litigation in an electronic environment.
Judi is a member of the Defense Research Institute, the Claims and Litigation Management Alliance and is an Officer and Secretary of the New York State Bar Association’s Food, Drug, and Cosmetic Section. She is also certified in Legal Project Management, and frequently lectures, chairs professional seminars and publishes articles on topics including pre-litigation risk assessment, federal preemption of pharmaceutical labeling claims, defense of 501(k) medical devices, Daubert issues, strategy in document-intensive mass tort litigation, and other issues where law and science intersect.
Class Action/Mass Torts, Complex Product Liability, Defense of:
FDA Regulated Products:
- Medical Devices
- Pharmaceuticals and Devices Impacting Women
- Compounded Medicines
- Dietary Supplements
- Medical Foods
Non FDA Regulated Products:
- Over the Counter
- Consumer and Commercial Products
Jerry Hamilton is a managing shareholder of Hamilton, Miller & Birthisel, LLP (“HMB”). He has been nationally recognized as one of the Top Ten Defense Lawyers in the country by one of the largest insurance companies in the world. He is a Board Certified Trial lawyer and also Board Certified in Admiralty & Maritime Law and also a Fellow of the Litigation Counsel of America, an invitation-only trial honorary society composed of less than one half percent of lawyers in the United States. He has been recognized as America’s Top 100 High Stakes Litigators® — this is by invitation only and is reserved to identify the nation’s most exceptional trial attorneys in high value and high stakes legal matters and was selected as Lawyer of the Year for 2022 by Best Lawyers. Jerry has a 90%-win rate at trial. For the past 25 years, Jerry has dedicated his practice to defending his clients in complex litigation matters, including business litigation and other commercial disputes, class actions, catastrophic personal injury, wrongful death, product liability claims, insurance coverage and bad faith disputes, legal, medical and professional malpractice claims, maritime disputes, hospitality and transportation claims. For more information https://hamiltonmillerlaw.com/attorney/jerry-hamilton/.
- Drug and Device Litigation
- Product Liability Law
- Professional Liability
- Premises Liability
- AV-rated, Martindale-Hubbell
- The Best Lawyers in America®, Personal Injury Litigation - Defendants
- Mid-South Super Lawyers®, Personal Injury Defense: Medical Malpractice
- Graduate, International Association of Defense Counsel (IADC) Trial Academy,
Stanford Law School, 2006:
- Leadership Mississippi, Class of 2005
- Certified Public Accountant
- American Bar Association
- Federal Bar Association
- Defense Research Institute
- Medical and Health Care Law Committee
- Steering Committee
- Mississippi Defense Lawyers Association
- Mississippi Bar Association
- Young Lawyers Division
- Mock Trial Committee
- Capital Area Bar Association
- International Association of Defense Counsel
Education & Honors:
- Mississippi College, J.D., cum laude, 2001
- Managing Editor, Mississippi College Law Review
- University of Mississippi, M.A., Taxation, cum laude, 1996
- University of Mississippi, B.A., Accountancy, cum laude, 1995
- Mississippi, 2001
- S. District Courts
- Mississippi: Northern and Southern Districts
- S. Court of Appeals
- 5th Circuit
- Admitted pro hac vice in seven states
- James Orams v. Pilot Travel Centers, LLC, Circuit Court of Hinds County, Mississippi; Civil Action No. 251-09-6909; August 16, 2013; summary judgment.
- Suzanna Davis v. The Young Men’s Christian Association, Circuit Court of Rankin County, Mississippi; Civil Action No. 2012-653; April 23, 2013; summary judgment.
- Lyles v. Maselle & Associates et al.; Mississippi Arbitration Association; April 2, 2013; Lead Trial Counsel; defense verdict.
- Savage v. Pilot Travel Centers, LLC, United States Court of Appeals for the Fifth Circuit; Civil Action No. 11-60406; March 9, 2012; summary judgment affirmed.
- Magee v. Covington County School Dist., --- So.3d ----, 2012 WL 48026 (Miss. App. Ct. 2012).
- Mayers v. Burke Handling Systems, Inc,; Circuit Court of Scott County, Mississippi; May 31, 2011; Lead Trial Counsel; directed verdict.
- McIntosh v. Dillards Department Stores; S.D. Miss.; February 12, 2008; Lead Trial Counsel; defense verdict.
- Derse, Inc. v. Haas Outdoors, Inc. dba Mossy Oak; August 17, 2010; American Arbitration Association; No. 69 152 00513; represented Claimant in a contractual dispute; judgment for Claimant for full amount requested.
- Backwell v. Tiffin Motor Homes, Inc.; Circuit Court of Smith County, Miss.; Trial Counsel; defense verdict.
- McKenzie v. Highland Home Nursing Center, obtained first order from a trial court compelling arbitration in a nursing home case.
- Marie Ellison et al. v. CareGivers, LLC d/b/a Clarksdale Nursing Home, Circuit Court of Coahoma County, Mississippi; Civil Action No. 14-CI-02-0141; August 30, 2010; summary judgment.
- Thelma Mitchell, et al. v. Nutrition & Management Services, Inc., et al., Circuit Court of Coahoma County, Mississippi; Civil Action No. 14-CI-03-0063; February 17, 2009; summary judgment.
- Veal v. J.P. Morgan Trust Co., N.A., 955 So.2d 843 (Miss. 2007).
- Eaton Vance Municipals Trust v. Conegie, 2007 WL 1484539 (N.D. Miss. 2007).
- Smith v. Nationwide Mut. Ins. Co., 286 F.Supp.2d 777 (S.D. Miss. 2003).
- Assisted Trial Teams in following cases:
- Beare/Gaffney v. Ortho-McNeil-Jannssen, No. 196-10MT Superior Court of New Jersey Law Division; Atlantic County; 2011 – defense verdict.
- Thomas Gaines v. McNeil Consumer & Specialty Pharmaceuticals, Inc.; No. CGC-06-457600 –Superior Court of California; County of San Francisco; 2010 – defense verdict.
- Janssen Pharmaceutica Inc. v. Armond, 866 So.2d 1092 (Miss. 2004) Mississippi Supreme Court decision in favor of client.
- Janessen Pharmaceutica Inc. v. Bailey, 878 So.2d 31 (Miss. 2004), a Mississippi Supreme Court ruling in favor of client.
Papers, Presentations and Publications:
- "Drug and Medical Device Litigation: Recent Trends in Products Liability Litigation," Panel Counsel Seminar Presentation, Sea Island, Georgia, June 2015.
- “Recent Developments in the Pharmaceutical/Product Liability Industry,” In-house Client Presentation, New Brunswick, New Jersey, May 2013.
- “Epidemiology Concepts and Applications,” In-house Seminar Presentation, August 2012.
- “Drug and Medical Device Litigation: Navigating the Social Media Maze,” Panel Counsel Seminar Presentation, Lake George, New York, June 2012.
- “The Final Rule: FDA's Security Reporting Requirements for Investigational New Drug Applications", Pro Te: Solutio, Vol. 5 No. 1, 8-11 (February 2012).
- “The Path to Aggregate Settlements,” American Bar Association Mass Torts Litigation, Spring 2012, Vol. 10 No. 3.
- “Tips for Impeaching and Discrediting Plaintiffs’ Expert Witnesses,” ACI Long Term Care Conference, April 2011.
- “Sanctions for Failure to Properly Preserve Electronic Evidence,” In-house Client Presentation, Whitehouse Station, Pennsylvania, June 2010.
- “ABA’s Ethics Opinion on Aggregate Settlements,” Harmonie Professional Liability Seminar, New York, New York, May 2010.
- “Caves: Clarity or Confusion?” Mississippi Defense Lawyers Association Quarterly, April 2009.
- “Advanced Deposition and Trial Techniques for Cross-Examining the Combative Plaintiff’s Expert Witness,” DRI’s Nursing Home/ALF Litigation Seminar, September 2008.
- “Advanced Expert Witness Deposition Tactics,” National Business Institute Seminar, October 2008.
- “Cross-Examinations of Lay Witness,” In-house Defense Quarterly, Winter 2006.
Jordan Lipp is a litigator who has enjoyed wide-ranging success, both in the courtroom and through motion practice. He wrote the book on product liability law in Colorado – Product Liability Law & Procedure in Colorado, First Edition (CBA-CLE Books 2015) – and he is an adjunct law professor at University of Denver’s Sturm College of Law, where he teaches outdoor recreation and ski law. He was previously a partner at Davis Graham & Stubbs, LLP. Mr. Lipp has received numerous recognitions for his work, including being previously named by the Colorado Civil Justice League, Colorado’s tort reform coalition, as the Colorado Lawyer of the Year. Mr. Lipp’s extensive experience and practice includes:
Mr. Lipp wrote the book on Colorado product liability law, and is one of the leading product liability defense attorneys in the Rocky Mountain region. He has successfully defended some of the largest recent jury trial product liability cases in Colorado. He has had broad experience defending product manufacturers in lawsuits in Colorado and throughout the nation. Mr. Lipp represents virtually all types of companies regulated by the FDA, including pharmaceutical, medical device, dietary supplement, and food companies. Mr. Lipp likewise represents various manufacturers, including car, truck, restraint system, machinery, farming, oil and gas and consumer products manufacturers. He has defended hundreds of individual personal injury actions as well as coordinating mass tort actions, and his experience ranges from such areas as traumatic brain injury litigation to asbestos claims. Whether at the summary judgment stage, through Daubert motions, or at trial, Mr. Lipp knows how to succeed in product liability cases. He also understands that his clients’ reputation and the integrity of their products are their most valuable asset, and works vigorously to defend that reputation and integrity.
Outdoor Recreation and Ski Industry:
A significant portion of Mr. Lipp’s practice is devoted to defending ski areas, amusement parks, and other companies in the outdoor recreation industry. He has had numerous important successes defending these cases – winning multiple lawsuits at the motions stage on issues ranging from waivers to the equine statute. He teaches the course on outdoor recreation and ski law at University of Denver’s Sturm College of Law. Mr. Lipp also provides a unique understanding of the issues facing his clients in the outdoor industry – he has been a ski patroller for over 25 years and an avalanche safety instructor for over 20 years, as well as being a guidebook author.
Additional Tort Defense Work:
Mr. Lipp has successfully defended numerous other tort/personal injury claims outside of the context of product liability and outdoor industry matters, including cases involving wrongful death, premises liability, construction accidents, aviation accidents, explosions, trespass, energy production accidents, and vehicle accidents.
General Commercial Litigation:
Whether as local counsel or lead counsel, Mr. Lipp has represented a wide variety of companies in general commercial litigation matters including contract, insurance, environmental, intellectual property, natural resources, employment, securities, and real estate matters.
Risk Management and Lawsuit Avoidance:
Avoiding claims and lawsuits – whether through warnings, releases, regulatory compliance, working with regulatory agencies, or other methods – is critical for companies. Based upon his experience defending companies in product liability litigation, Mr. Lipp has gained broad familiarity with the regulatory frameworks that govern manufacturers of various products. In addition to his book on Colorado product liability law, he also authored the seminal article on food, beverage, and dietary supplement law in Colorado. He counsels manufacturers, producers, and distributors on warnings to reduce the risk of litigation. And, He counsels clients on compliance with various regulations (including recalls), such as those promulgated by the FDA, USDA/FSIS, CPSC, OEHHA (Prop 65), and similar governmental entities.
Mr. Lipp also routinely counsels companies in the recreational industry based upon his years of experience defending ski resorts, amusement parks, horseback riding operations, and similar recreation focused companies on risk management and lawsuit avoidance. In this context, he has drafted countless releases and indemnification clauses to help reduce his clients’ exposure to personal injury claims.
Prior to joining Childs McCune, LLC, Jordan Lipp was a partner at Davis Graham & Stubbs, LLP in Denver. Mr. Lipp also served for two years as a Law Clerk for the Honorable Edward W. Nottingham, United States District Court for the District of Colorado, and practiced at Rothgerber Johnson & Lyons, LLP prior to his clerkship.
Mr. Lipp is active in multiple defense organizations and has worked to promote tort reform, including testifying before the state legislature. Mr. Lipp has served as a special prosecutor for the City and County of Denver. In 2008, he served as a prosecutor for the Denver City Attorney’s office’s MCTAP program.
Mr. Lipp lives in Golden with his wife Heather and young daughter and son. When not working or spending time with his family, he is an avid skier, snowboarder, and ski mountaineer. He is also a self-professed wine geek, and he regularly contributes to his wife’s wine blog: www.10kbottles.com.
Awards & Recognition
- Law Week Colorado: Top Litigators, 2017
- The Best Lawyers in America: Commercial Litigation and Insurance Law, 2016-2018
- 5280 Top Lawyers, Personal Injury: Defense, 2015
- Colorado Rising Star- Personal Injury Defense: Products (Supers Lawyers Magazine, Thomson Reuters), 2010-2017
- 50 for Colorado (Class of 2013)
- Colorado Civil Justice League’s Colorado Lawyer of the Year, 2009
- Colorado Civil Justice League Legal Advisory Board
- Law 360 (former) Product Liability Editorial Advisory Board
- Association of Ski Defense Attorneys
- Colorado Defense Lawyers Association
- Faculty of Federal Advocates
- Bryan Mountain Nordic Ski Patrol
- National Ski Patrol
- Jordan Lipp and Emily Wasserman, Where to Sue and Defend: An Update on Personal Jurisdiction Law, Vol. 47, No. 2, THE COLORADO LAWYER, February 2018.
- Jordan Lipp, Risk and Kids, ADVENTURE PARK INSIDER, August 2015
- Brenna Finn and Jordan Lipp, Colorado Businesses Face Increasing Threats of California Prop 65 Lawsuits, LAW WEEK COLORADO, May 2015.
- Jordan Lipp, Summer Ops and Tots: Risk management and litigation defense issues with children, SAM (SKI AREA MANAGEMENT) MAGAZINE, January 2015.
- Jordan Lipp and Ed Hafer, What’s in the Package: Food, Beverage, and Dietary Supplement Law and Litigation – Part 1, Vol. 43, No. 7, THE COLORADO LAWYER, July 2014, at 77; What’s in the Package: Food, Beverage, and Dietary Supplement Law and Litigation – Part 2, Vol. 43, No. 8, THE COLORADO LAWYER, August 2014, at 71.
- Jordan Lipp and Ed Hafer, Suit Opens Floodgates for Competitors [POM Wonderful decision], LAW WEEK COLORADO, July 2014.
- Marc Bonora and Jordan Lipp, The In-house Checklist of Steps for New Litigation, Vol. 32, No. 4, ACC DOCKET, May 2014, at 26.
- Jordan Lipp, Preventing or Limiting Repeated Depositions of Company Employees, Vol. 8, No. 2, IN-HOUSE DEFENSE QUARTERLY, June 2013, at 18.
- Jordan Lipp, Horse Law – A Look at the Equine Statute and Liability Law, Vol. 41, No. 7, THE COLORADO LAWYER, July 2012, at 95.
- Jeffrey Pilkington and Jordan Lipp, Plaintiff’s Medical Care and Treatment — Discovery and Evidentiary Issues, ABA 50-STATE SURVEY OF THE LAW (Colorado and Wyoming chapters), January 2011.
- Jordan Lipp, Product Liability Law & Procedure in Colorado, First Edition (CBA-CLE Books 2015)
- Jordan Lipp, Backcountry Skiing Berthoud Pass (Summit Guidebooks 2005)
- J.D., University of Michigan Law, 2002, cum laude
- B.A., University of Colorado Boulder, 2000, summa cum laude